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Patna High CourtCR. MISC./30859/2020disposed

Anil Kumar v. The State Of Bihar

2020-12-17Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30859 of 2020 Arising Out of PS. Case No.-977 Year-2019 Thana- SONEPUR District- Saran ====================================================== ANIL KUMAR Son of Ram Lal Paswan @ Lal Paswan, Resident of VillageBakhra Buzurg, P.S.- Bhagwanpur, District- Vaishali. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Tulsi Gauri, Wife of Anil Kumar, Daughter of Kameshwar Ram A/P, Resident of Village- Barbatta, P.S.- Sonepur, District- Vaishali. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Alok Kumar Alok, Adv .

For the Opposite Party/s :

Mr. Balmukund Pd. Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 17-12-2020 Heard Mr. Alok Kumar Alok, learned counsel for the petitioner, Mr. Balmukund Prasad Sinha, learned A.P.P. and Mr. Gajendra Kumar Singh, learned counsel for the informant through Video Conferencing.

The petitioner apprehends his arrest in Sonepur P.S. Case No.977 of 2019 registered under Section 498(A) of the Indian Penal Code and under Sections 3 and 4 of the Dowry Prohibition Act.

Learned counsel for the petitioner submits that the petitioner is the husband of the informant. The marriage was solemnized in the year 2014. The petitioner never demanded any dowry nor tortured his wife. The petitioner is still ready to

Patna High Court CR. MISC. No.30859 of 2020(2) dt.17-12-2020 2/2 keep his wife with all honour and dignity.

Considering the willingness of the petitioner to keep his wife with all honour and dignity, the above named petitioner is directed to surrender in the court below within four weeks from the date of receipt/production of a copy of this order and the court below shall enlarge the petitioner on provisional bail for six months on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned C.J.M., Chapra (Saran) in connection with Sonepur P.S. Case No.977 of 2019, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. Thereafter the court below shall make efforts for resolution of the dispute between the husband and the wife. If the dispute is resolved and the petitioner keeps his wife properly, the provisional bail granted to the petitioner shall be confirmed and if the dispute is not resolved between the husband and the wife, the court below shall pass order in accordance with law on the provisional bail of the petitioner immediately after lapse of six months.

(Prabhat Kumar Jha, J) Harish/- U T